149 F.

3d 1189

NOTICE: Eighth Circuit Rule 28A(k) governs citation of

unpublished opinions and provides that they are not precedent
and generally should not be cited unless relevant to establishing
the doctrines of res judicata, collateral estoppel, the law of the
case, or if the opinion has persuasive value on a material issue
and no published opinion would serve as well.
UNITED STATES FIDELITY AND GUARANTY
COMPANY, a corporation,
Plaintiff-Appellee,
v.
CONCRETE HOLDING COMPANY, formerly known as St.
Charles
Quarry Company, doing business as Defiance Quarry, doing
business as Kurtz Concrete, Inc., doing business as Goellner
Redi-Mix, Inc., a corporation; St. Charles County Sanitary
Landfill, Inc., an administratively-dissolved corporation;
Defendants-Appellees.
QUARRY HOLDING COMPANY, a voluntarily-dissolved
corporation,
Defendant-Appellant,
v.
John J. BARNES, Jr.; Quarry Holding Company; Third Party
Defendants.
John J. BARNES, Jr.; Quarry Holding Company; James P.
Davis; Quarry Development Company; Community
Title Company, Cross Defendants.
CONCRETE HOLDING COMPANY, Third Party PlaintiffAppellee,
v.
James P. DAVIS, individually, and as statutory and common
law trustee for defendant Quarry Holding Company;
Quarry Development Company; Community
Title Company, Third Party

Defendants-Appellants.
UNITED STATES FIDELITY AND GUARANTY
COMPANY, a corporation,
Plaintiff-Appellant,
v.
CONCRETE HOLDING COMPANY, formerly known as St.
Charles
Quarry Company, doing business as Defiance Quarry, doing
business as Kurtz Concrete, Inc., doing business as Goellner
Redi-Mix, Inc., a corporation; St. Charles County Sanitary
Landfill, Inc., an administratively-dissolved corporation;
Quarry Holding Company, a voluntarily-dissolved corporation,
Defendants-Appellees.
John J. BARNES, Jr.; Quarry Holding Company; Third Party
Defendants.
John J. BARNES, Jr.; Quarry Holding Company; James P.
Davis; Quarry Development Company; Community
Title Company, Cross Defendants,
CONCRETE HOLDING COMPANY; Third Party Plaintiff.
James P. DAVIS, individually, and as statutory and common
law trustee for defendant Quarry Holding Company;
Quarry Development Company; Community
Title Company, Third Party Defendants.
UNITED STATES FIDELITY AND GUARANTY
COMPANY, a corporation,
Plaintiff-Appellee,
v.
CONCRETE HOLDING COMPANY, formerly known as St.
Charles
Quarry Company, doing business as Defiance Quarry, doing
business as Kurtz Concrete, Inc., doing business as Goellner
Redi-Mix, Inc., a corporation; Defendant-Appellant.
ST. CHARLES SANITARY LANDFILL, INC., an
administratively-dissolved corporation; Defendant.
QUARRY HOLDING COMPANY, a voluntarily-dissolved

corporation,
Defendant-Appellee.
John J. BARNES, Jr.; Quarry Holding Company; Third Party
Defendants.
John J. BARNES, Jr.; Quarry Holding Company; James P.
Davis; Quarry Development Company; Community
Title Company, Cross Defendants.
CONCRETE HOLDING COMPANY; Third Party PlaintiffAppellant,
v.
James P. DAVIS, individually, and as statutory and common
law trustee for defendant Quarry Holding Company;
Quarry Development Company; Community
Title Company, Third Party
Defendants-Appellees.
UNITED STATES FIDELITY AND GUARANTY
COMPANY, a corporation, Plaintiff,
v.
CONCRETE HOLDING COMPANY, formerly known as St.
Charles
Quarry Company, doing business as Defiance Quarry, doing
business as Kurtz Concrete, Inc., doing business as Goellner
Redi-Mix, Inc., a corporation; St. Charles County Sanitary
Landfill, Inc., an administratively-dissolved corporation;
Quarry Holding Company, a voluntarily-dissolved corporation,
Defendants,
v.
John J. BARNES, Jr.; Quarry Holding Company; Third Party
Defendants.
John J. BARNES, Jr.; Quarry Holding Company; James P.
Davis; Quarry Development Company; Community
Title Company, Cross Defendants.
CONCRETE HOLDING COMPANY, Third Party PlaintiffAppellee,
v.

James P. DAVIS, individually, and as statutory and common

law trustee for defendant Quarry Holding Company;
Third Party Defendant-Appellant.
QUARRY DEVELOPMENT COMPANY; Third Party
Defendant.
COMMUNITY TITLE COMPANY, Third Party DefendantAppellant.
UNITED STATES FIDELITY AND GUARANTY
COMPANY, a corporation, Plaintiff,
v.
CONCRETE HOLDING COMPANY, formerly known as St.
Charles
Quarry Company, doing business as Defiance Quarry, doing
business as Kurtz Concrete, Inc., doing business as Goellner
Redi-Mix, Inc., a corporation; St. Charles County Sanitary
Landfill, Inc., an administratively-dissolved corporation;
Quarry Holding Company, a voluntarily-dissolved corporation,
Defendants,
v.
John J. BARNES, Jr.; Quarry Holding Company; Third Party
Defendants.
John J. BARNES, Jr.; Quarry Holding Company; James P.
Davis; Quarry Development Company; Community
Title Company, Cross Defendants.
CONCRETE HOLDING COMPANY, Third Party PlaintiffAppellee,
v.
James P. DAVIS, individually, and as statutory and common
law trustee for defendant Quarry Holding Company;
Third Party Defendant-Appellant.
QUARRY DEVELOPMENT COMPANY; Community Title
Company, Third
Party Defendants.
Nos. 97-2402EM, 97-2405EM, 97-2408EM, 97-2763EM, 97-3512EM.

United States Court of Appeals, Eighth Circuit.

Submitted March 9, 1998.
Filed March 26, 1998.

Appeals from the United States District Court for the Eastern District of
Missouri.
Before McMILLIAN and FAGG, Circuit Judges, and BENNETT, *
District Judge.
PER CURIAM.

The court has considered the briefs of the parties and heard oral argument in
this diversity case. The parties raise an assortment of contentions about
instructions, admissibility of evidence, trial-related orders, and post-trial rulings
deemed adverse to them. Their arguments have been carefully analyzed and
considered. After review of the record in the context of the parties' arguments,
we find the record supports the district court's decisions with the exception of
the court's ruling on United States Fidelity and Guaranty Company's request for
prejudgment interest. Because our review involves the application of
established principles of law in a fact-intensive case, and the parties'
submissions show they are thoroughly familiar with the issues before the court,
we conclude that an extensive discussion would serve no useful precedential
purpose. We thus remand to the district court with instructions to award
appropriate prejudgment interest to the United States Fidelity and Guaranty
Company; otherwise, we affirm the district court without further discussion.
See 8th Cir. R. 47B.

The Honorable Mark W. Bennett, United States District Judge for the Northern
District of Iowa, sitting by designation